I 111th CONGRESS 2d Session H. R. 4963 IN THE HOUSE OF REPRESENTATIVES March 25, 2010 Mr. Courtney (for himself, Ms. DeLauro, Mr. Hare, Ms. Edwards of Maryland, and Mr. Yarmuth) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the child nutrition laws to require that milk served in school lunch programs be consistent with the Dietary Guidelines for Americans and to expand eligibility for the Special Milk Program, and to establish a pilot program providing low-fat cheeses for school breakfast and lunch programs, and for other purposes.

1.

Short title

This Act may be cited as the Healthy Milk and Dairy Choices in Schools Act of 2010.

2.

Findings

Congress finds the following: (1)44 million Americans have low bone mass or osteoporosis, causing $19 billion in hospital and nursing home expenses annually. (2)Adequate calcium intake and weight-bearing exercise can help build bone mass and prevent debilitating fractures. (3)98 percent of maximum bone density is reached by age 20, making it especially important that children get enough calcium. (4)The United States Department of Agriculture finds that 32 percent of children ages 4 through 8 and 90 percent of girls and 70 percent of boys ages 9 through 19 do not meet current calcium recommendations. (5)Per capita milk consumption in the United States has been decreasing for 3 decades. Per capita milk consumption by children fell quickly from 2005 to 2010, and this consumption rate is declining even more rapidly as these children reach their teenage years. (6)Fewer than half of school-age children participate in school meal programs. (7)87 percent of schools sell soft drinks, fruit drinks, and sports drinks on campus through school meal programs, vending machines, and other means.

3.

Fat content of milk in school lunch programs

Section 9(a)(2)(A)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(2)(A)(i)) is amended by inserting consistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341) before the semicolon.

4.

Expansion of special milk program

Section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772) is amended— (1)by striking subsection (b); (2)in subsection (a), by striking paragraph (2) and redesignating paragraph (1) and paragraphs (3) through (10) as subsections (a) through (i), respectively; (3)in subsection (a), as redesignated by paragraph (2)— (A)by striking , except as provided in paragraph (2), which do not participate in a meal service program authorized under this Act or the Richard B. Russell National School Lunch Act,; and (B)by striking , which do not participate in a meal service program authorized under this Act or the Richard B. Russell National School Lunch Act; and (4)in subsection (d), as redesignated by paragraph (2), by striking which does not participate in a meal service program authorized under this Act or the Richard B. Russell National School Lunch Act.

5.

Pilot program providing low-fat cheeses for school breakfast and lunch programs

(a)

In general

During the 3-year period beginning on the date that is not later than 60 days after the date of the enactment of this Act, the Secretary of Agriculture shall purchase low-fat cheeses for use in— (1)the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and (2)the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (b)

Purchase additional to commodity distribution program

The low-fat cheeses purchased under subsection (a) shall be in addition to commodities delivered under section 6 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755). (c)

Evaluation and report

(1)

Evaluation

The Secretary shall conduct an evaluation of— (A)whether children participating in the school lunch and breakfast programs described in subsection (a) increased their consumption of low-fat cheeses during the period described in subsection (a); (B)which types of low-fat cheeses are most appropriate for use in such school lunch and breakfast programs, and how such cheeses may best be integrated into such programs; and (C)such other factors related to increasing interest in and awareness of low-fat cheeses among schoolchildren as the Secretary considers appropriate. (2)

Report

Not later than 90 days after the conclusion of the 3-year period described in subsection (a), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report describing the results of the evaluation required by paragraph (1). (d)

Low-Fat cheese defined

In this section, the term low-fat cheese means cheese of any type whose solids contain a percentage of milkfat, to be determined by the Secretary, that is less than the percentage specified for such type of cheese in subpart B of part 133 of title 21, Code of Federal Regulations.

6.

Budget neutrality offset

Section 6(e)(1)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended by striking October 1, 2003, and ending September 30, 2009 and inserting October 1, 2010, and ending September 30, 2016.